A SERIOUS CHARGE

Evening Post, Volume XCVIII, Issue 139, 10 December 1919, Page 5

A SERIOUS CHARGE

RESTAURANT KEEPER STABBED

A SPANIARD IN THE DOCK,

Domingo Carlos, the Spaniard who was arrested en the night of 4th November, on a charge of having assaulted Wi'Uiam Russell, so as to cause him actual bodily harm by stabbing him with a clasp knife, was brought before Messrs. R. D. Hanlon and I. Salek, J.P.s, at the Magistrate's Court this morning. Sub-Inspector Emerson conducted the prosecution. William Russell, the proprietor of the Oxford Dining Rooms, 85, Dixon-street. said that accused called at the premises at about 7.45 p.m. on 4th November, but was told by a Mr. Smith that tea was off. Carlos then became abusive, and used very objectionable language to Mrs. Russell. Witness went into tho dining room, and ordered accused off the premises, and when the Spaniard refused to go, he pushed him out. Carlos was apparently sober, but had had some drink. The Spaniard incited witness^ tosome outside and fight, but the invitation was not for the moment accepted. Carlos then deliberately smashed in two panes of glass in the window, and turned to go. Witness followed, and caught up to Mm in Quinn's-street. Carlos at once turned, and witness felt a sharp stinging blow in the side, and saw Carlos raise his arm again with a knife in his hand. Witness managed to catch the accused's wrist, threw him to the ground, and kept him, down till help arrived. He then let him up, and Carlos edged away, a-nd made a bolt for it, but was caught by another man. By that time witness was feeling very weak and sick, and was later removed to a private hospital. In all ho had been in bed for three weeks and three days, and was not yet well. Under further examination by Mr. C. A. L. Treadwell, counsel for the accused, witness said that Carlos had knifed him before he (witness) laid hands on tho man at all, but at the time he did not realise that he had been stabbed. Dr. R. 0. Begg, under whose care Russell has been since the assault.*, said ' that the wound was between two and a half and three inches deep, just -under the lower ribs. It was a serious wound, and norrawly escaped being much more serij ous,-as it reached, but did not penetrate, the abdominal cavity. Mrs. Russell gave evidence as to theoccurrence which had led up to the assault. Evidence was given by Sydney Peak, who arrived on the scene after Russell had thrown accused to the ground, and took the knife away from Carlos. At the time he did not think that the affair I was serious, and was about to walk away with the knife, in order that he would | not be involved in the trouble, when he was callpd. back. James Tasman Smith, a boarder at the restaurant, and Alfred James Challice, engineer, also gave their versions of the affray, and Sergeant Edwards detailed the arrest, and subsequent questioning of the injured man and accused. Carlos interjected while Russell was making a statement, "It is a lie. You had the j knife; you tried to kill me, and cut my hand." Carlos was not drunk, though he had some drink. In addition to the major charge, Carlos was also charged with having used obscene language, and with having wilfully damaged two .panes of glass, valued at 15s. On the following morninir. the accused claimed the knife as his property. Accused pleaded not guilty to all thrco charges, and reserved his defence. Ho was committed to the Supreme Court for trial, bail being fixed o.t £100, with surei tigs of a like amount, / ,